under hirabah (forcible and violent taking), i.e. a violent crime causing disorder in the land in the manner described in the Qur'an (5:33) as fasad (destructive mischief). A similar crime, for example, would be highway robbery, as it puts fear in people going out or losing their property through violence. Thus, the rapist will be considered to be under the category of people who are outlaws and a danger towards the peace and security of the society.

Rape as Ta‘zīr: as Ta‘zīr: Some modern researchers maintain that offenders be allotted a ta'zir penalty upon the discretion of the authorities. To them, rape deserves a ta‘zīr penalty when a conviction is reached as a result of circumstantial evidence, such as marks of violence about the genitals, marks of violence on the body of the victim or accused, the presence of semen or blood-stains on the body or clothes of the victim or accused, or a medical report, all of which are sufficient for ta‘zīr only. Under the principle of al-fi‘l al-darr (Islamic law of Tort), it is possible for a victim to make a claim for moral damages, which may include violation of a person's freedom, dignity, reputation, social or financial status.

Financial compensation: compensation: According to the Mālikī, Ḥanbalī, and Shāfiʾī schools of law, the rape of a free woman consisted of not one but two violations: a violation against a "right of God" (ḥaqq Allāh), provoking the ḥadd punishment; and a violation against a "human" (interpersonal) right (ḥaqq ādamī), requiring a monetary compensation.

Prosecution of rape: of rape: Hazrat Umar, the Second Khalifa of Islam, accepted the testimony of a single individual who heard the rape victim call for help as evidence that rape occurred. Imam Malik accepted physical injuries on the victim as evidence that rape occurred. If a woman claims to have been raped or sexually abused under duress, she will be acquitted of adultery in light of Qur'anic verse 24:33, which states that a woman has not sinned when compelled to commit this crime. According to Professor Oliver Leaman, the required testimony of four male witnesses having seen the actual penetration applies to illicit sexual relations (i.e. adultery and fornication), not to rape. The requirements for proof of rape are less stringent:

Rape charges can be brought and a case proven based on the sole testimony of the victim, providing that circumstantial evidence supports the allegations. It is these strict criteria of proof which lead to the frequent observation that where injustice against women does occur, it is not because of Islamic law. It happens either due to misinterpretation of the intricacies of the Sharia laws governing these matters, or cultural traditions; or due to corruption and blatant disregard of the law, or indeed some combination of these phenomena. (Leaman, Oliver (2013). Controversies in Contemporary Islam. New York: Routledge. p. 78. ISBN 978-0-415-67613-7.)

Ibn Hazm argues that a woman who reports having been raped by a specific man should not be viewed as making a false accusation, qadhf. Rather, she should be viewed as a plaintiff seeking justice, and hence should not be liable for had al-qadhf. As a plaintiff, the woman has two resorts:

- She should be asked for a bayyinah (clear proof) supporting her claim, and if she produces it then the man should be punished accordingly; or